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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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NY Penal Law 100 – Anticipatory Offenses

By Spodek Law Group | June 2, 2016
(Last Updated On: July 27, 2023)

Last Updated on: 27th July 2023, 04:34 pm

When it comes to New York state penal law, the letter of the law can seem a bit complicated, or even downright confusing. So let’s get into a few of what are considered to be the “anticipatory offenses” in New York penal law.

Criminal solicitation in the fifth degree

When it comes to criminal solicitation in the fifth degree, someone’s considered to be guilty when they have the intent to engage in conduct that might be considered a crime with another person, and then go ahead and solicit, command, request, importune, or really in any other way try to cause this other person to engage in this sort of criminal conduct. Criminal solicitation in the fifth degree is considered to be a violation.

Conspiracy in the sixth degree.

Now for conspiracy in the sixth degree, someone is considered guilty when they agree with one or more people to either engage in or do what’s called “causing the performance” of this criminal conduct with the intent that this sort of criminal conduct actually be carried out. Conspiracy in the sixth degree is actually considered to be not a violation, but in fact a class B misdemeanor.

Attempt to commit a crime.

For this section of attempting to commit a crime, you’ll be considered guilty when you engage in conduct which is considered to actually effect the commission of a crime. And again, this must be done with the intent to commit a crime to actually be considered as criminal behavior.

Criminal facilitation in the fourth degree.

Now we’ll be getting into the various degrees of criminal facilitation. For the fourth degree of this offense, this constitutes when someone intends to commit a crime and engages in conduct that will provide the person who’s committing the act with either the means or opportunity to commit this act, and also if it’s going to aid the person to commit a felony, all of this when the person in question believes that they’ll be receiving some sort of help in the commission of their crime. Another way this works is when someone engages in some sort of criminal conduct with someone under the age of sixteen, again, with the intention of actually engaging in some sort of criminal conduct. This is considered to be applicable when the person in question is over eighteen and engages in conduct that’ll provide this younger person with either the means or opportunity to commit the crime, and something that aids this person to commit the crime. This charge is considered to be a class A misdemeanor.

Criminal facilitation in the third degree.

Now for the third degree of criminal facilitation, this applies to someone who’s over eighteen giving some sort of help to someone who’s under the age of sixteen engage in some sort of criminal behavior, as long as this person believes it’s probable that they’re doing so. What sets this one apart is that the person in question would be providing the younger person with the means or opportunity to commit a felony. This charge is a class E felony.

Criminal facilitation in the second degree.

Someone’s guilty of criminal facilitation in the second degree when they engage in some sort of conduct that provides someone who’s trying to commit a class A felony with the means, or else the opportunity to do so. Criminal facilitation in the second degree is considered a class C felony.

Criminal facilitation in the first degree.

And finally, for criminal facilitation in the first degree, this is when someone over the age of eighteen helps someone under sixteen to commit a class A felony. As I’m sure you’ve guessed by now, this only applies when the person who’s rendering the aid believes that it’s probable that they’re doing so. This charge is a class B felony.

 While the letter of the law can at times seem complicated or confusing, it doesn’t always have to be.

Understanding Anticipatory Offenses in New York Penal Law

Navigating the complexities of New York State Penal Law can be a daunting task, especially when it comes down to understanding the finer points of what constitutes an anticipatory offense. This article will offer an in-depth and compelling look into the specifics of these offenses, aiming to guide you through the legal jargon and deliver clear insights on this crucial topic.

The Intricacies of Criminal Solicitation in the Fifth Degree

Imagine being blamed for your intention to commit a crime with someone else. That’s precisely what Criminal Solicitation in the Fifth Degree entails. Those found guilty hold the intent to partake in unlawful conduct alongside another individual, further soliciting, commanding, or requesting that individual to engage in such criminal behavior. Should you be found guilty of this offense, you will be charged with a violation.

Unveiling the Mysteries of Conspiracy in the Sixth Degree

Conspiracy in the Sixth Degree can feel like a tangled web, but it essentially boils down to the agreement between one or more individuals to engage in or “cause the performance of” criminal conduct. The crucial element for guilt here is the intent to carry out the felony. Surpassing a mere violation, a conviction for this anticipatory offense becomes classified as a class B misdemeanor.

What Constitutes an Attempt to Commit a Crime?

Within the realm of attempting to commit a crime, guilt arises when your actions contribute to the commission of an illegal act. Accompanied by the intent to carry out the crime, this becomes classed as criminal behavior.

Different Shades of Criminal Facilitation

As we delve deeper into the various levels of criminal facilitation, it’s essential to appreciate the subtle differences that exist between each degree.

Charge Description Classification
Criminal Facilitation in the Fourth Degree Applicable when the individual in question provides the means or opportunity to commit a felony and aids the perpetrator, all while believing they’re receiving help in their criminal activity. Class A misdemeanor
Criminal Facilitation in the Third Degree When someone over 18 helps a person under 16 years of age carry out a criminal act, believing it to be probable that they’re doing so. Class E felony
Criminal Facilitation in the Second Degree When an individual engages in conduct that provides someone attempting to commit a class A felony with either the means or the opportunity. Class C felony
Criminal Facilitation in the First Degree An adult over the age of 18 helping a person under the age of 16 commit a class A felony. Class B felony

While the legal intricacies surrounding anticipatory offenses in New York Penal Law might appear overwhelmingly complex, this guide unravels the threads and offers clarity on the matter. Remember, knowledge is power – and understanding these laws not only helps to heighten your awareness of the legal system but also equips you with invaluable insights into the consequences and severity of specific anticipatory crimes. Stay informed, and stay aware.

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